Continuation of Waiver Sample Clauses

Continuation of Waiver. The initial and continuing effectiveness of the forgoing exemption is expressly conditioned on the following representations by Investors being true in all material respects. Investors hereby represent that to their knowledge (A) assuming Investors and their Affiliates would beneficially or constructively own the maximum amount of shares of Common Stock (such Common Stock, the “Torchlight Common Stock”) described in this Agreement (including, without limitation, upon full exercise of the Warrant) no person that is treated as an “individual” for purposes of Section 542(a)(2) (determined taking into account Section 856(h)(3)(A)) of the Internal Revenue Code of 1986, as amended (the “Code”) would Beneficially Own or Constructively Own (as such terms are defined in the Governing Documents) shares of Capital Stock in excess of the Stock Ownership Limit solely as a result of the ownership of the Torchlight Common Stock by Investors and their Affiliates and (B) Investors and their Affiliates do not own an interest in a tenant of the Company (or a tenant of any entity owned or controlled by the Company), other than indirectly through their interest in the Company (e.g., a subsidiary of the Company), that would cause the Company to own, actually or constructively, more than a 9.9% interest in such tenant.
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Continuation of Waiver. (a) The Agent and the Lenders hereby consent to waive the application of Section 10.3(a)(iv) of the Credit Agreement solely as it relates to the four quarter period ending September 30, 1999; PROVIDED, HOWEVER, that this waiver shall expire on the earlier of (i) March 29, 2000 and (ii) the date on which good faith negotiations between Borrower and General Electric Capital Corporation for the refinancing of the Loan shall cease.
Sample 1
Continuation of Waiver. Each Purchaser which executed a waiver of certain of its rights under that Securities Purchase Agreement dated as of August 21, 2003, by its execution of this Agreement, agrees that such waiver shall extend through the Closing Date and shall not expire on January 31, 2004.
Sample 1

Related to Continuation of Waiver

  • Continuation of Agreement This Agreement shall become effective for each Fund as of the date first set forth above and shall continue in effect for each Fund until August 1, 2010, unless sooner terminated as hereinafter provided, and shall continue in effect from year to year thereafter for each Fund only as long as such continuance is specifically approved at least annually (i) by either the Board of Directors or by the vote of a majority of the outstanding voting securities of such Fund, and (ii) by the vote of a majority of the Directors, who are not parties to the Agreement or interested persons of any such party, cast in person at a meeting called for the purpose of voting on such approval. The annual approvals provided for herein shall be effective to continue this Agreement from year to year if given within a period beginning not more than 90 days prior to August 1st of each applicable year, notwithstanding the fact that more than 365 days may have elapsed since the date on which such approval was last given.

  • Continuation of Provisions This Agreement shall be binding upon all successors of the Fund, including without limitation any transferee of all or substantially all assets of the Fund and any successor by merger, consolidation, or operation of law, and shall inure to the benefit of the Board Member’s spouse, heirs, assigns, devisees, executors, administrators and legal representatives. The provisions of this Agreement shall continue until the later of (1) ten years after the Board Member has ceased to provide any service to the Fund, and (2) the final termination of all Proceedings in respect of which the Board Member has asserted, is entitled to assert, or has been granted rights of indemnification or advancement of Expenses hereunder and of any proceeding commenced by the Board Member pursuant to Section 3 relating thereto. Unless required by applicable federal or Delaware law, no amendment of the Trust Instrument or By-Laws of the Fund shall limit or eliminate the right of the Board Member to indemnification and advancement of Expenses set forth in this Agreement with respect to acts or omissions occurring prior to such amendment or repeal. In the event the Fund or any successor shall discontinue its operations within the term of this Agreement, adequate provision shall be made to honor the Fund’s obligations under this Agreement.

  • Limitation of Waiver Without limiting the generality of the provisions of subsection 10.6 of the Credit Agreement, the waiver set forth above shall be limited precisely as written and shall relate solely to Company's non-compliance with the provisions of subsection 7.6 of the Credit Agreement in the manner and to the extent described above, and nothing in this Amendment shall be deemed to:

  • Conversion and Continuation of Loans The Lead Borrower on behalf of the Borrowers shall have the right at any time,

  • Continuation of Services This Option Agreement shall not be construed to confer upon the Optionee any right to continue providing services as a Company Director and shall not limit the right of the Company, in its sole discretion, to terminate the services of the Optionee at any time.

  • Continuation of Company The resignation, withdrawal, expulsion, insolvency or dissolution of the Member or the occurrence of any event that terminates the continued membership of the Member shall not, in and of itself, cause the Company to be dissolved or its affairs to be wound up, and upon the occurrence of any such event, the Company shall, to the fullest extent permitted by law, be continued without dissolution as permitted by this Agreement and the Act. In the event the Member’s interest in the Company is terminated, provisions herein requiring the vote or consent of the Member shall no longer apply.

  • Conversion and Continuation (i) Borrower may elect from time to time, subject to the other provisions of this Section 2.11, to convert all or any part of a ratable Advance into any other type of Advance; provided that any conversion of a ratable LIBOR Advance shall be made on, and only on, the last day of the LIBOR Interest Period applicable thereto.

  • Continuation of Business Neither the Transfer of any Partnership Interest pursuant to Article 8 hereof nor the bankruptcy or withdrawal of a Partner shall cause the dissolution or termination of the Partnership or have any effect upon the continuance of the Partnership business. No Partner shall have a right to withdraw from the Partnership or to abandon any Partnership Interest.

  • Continuation of Terms Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 3, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided in Section 4. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 3, then only in such event will the Company's securities and property (including cash, where applicable) receivable by the Holder of the Warrants be delivered to the Trustee as contemplated by Section 3.2.

  • Conversion and Continuation Elections (a) The Company may, upon irrevocable written notice to the Agent in accordance with subsection 2.4(b):

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